30-A §2530-A. Candidate's inspection of ballots and incoming voting lists
Title 30-A: MUNICIPALITIES AND COUNTIES HEADING: PL 1987, C. 737, PT. A, §2 (NEW)
Part 2: MUNICIPALITIES HEADING: PL 1987, C. 737, PT. A, §2 (NEW)
Subpart 3: MUNICIPAL AFFAIRS HEADING: PL 1987, C. 737, PT. A, §2 (NEW)
Chapter 121: MEETINGS AND ELECTIONS HEADING: PL 1987, C. 737, PT. A, §2 (NEW)
Subchapter 2: TOWN MEETINGS AND ELECTIONS HEADING: PL 1987, C. 737, PT. A, §2 (NEW)
§2530-A. Candidate's inspection of ballots and incoming voting lists
This section governs all inspections of ballots and incoming voting lists cast in any election for municipal office. Inspection procedures for other offices do not apply to elections for municipal office. [1993, c. 608, §11 (NEW).]
If a candidate other than a declared winner in an election applies in writing to the municipal clerk within 5 days after the result of a city election or an election under section 2528 has been declared, the municipal clerk shall permit the candidate or the candidate's agent, after payment of any deposit required under subsection 2, to inspect the ballots and incoming voting lists under proper protective regulations. The final day of the 5-day period ends at the close of regular business hours in the office of the municipal clerk. The candidate requesting the inspection may request a random or complete inspection of the ballots and incoming voting lists. [1993, c. 608, §11 (NEW).]
Any inspection of ballots and incoming voting lists is subject to the following provisions. [1993, c. 608, §11 (NEW).]
1. Notice. The inspection may be permitted only after written notice by the municipal clerk to:
A. The ward officers who signed the election returns in a city or the moderator in a town; and [1993, c. 608, §11 (NEW).]
B. All candidates for the office specified in the application. [1993, c. 608, §11 (NEW).]
This notice must state the time and place of the inspection and provide the persons listed in paragraphs A and B with a reasonable opportunity to be present and heard in person or to be represented by counsel.
[ 1993, c. 608, §11 (NEW) .]
2. When deposit is required. A deposit is not required if the percentage difference shown by the official tabulation is equal to or less than:
A. Two and one-half percent, if the combined vote for the candidates is 1,000 or less; [1993, c. 608, §11 (NEW).]
B. Two percent, if the combined vote for the candidates is 1,001 to 5,000; or [1993, c. 608, §11 (NEW).]
C. One and one-half percent, if the combined vote for the candidates is 5,001 or over. [1993, c. 608, §11 (NEW).]
For purposes of this subsection, "percentage difference" means the difference between the percentage of the total votes for an office received by the candidate requesting a ballot inspection and the percentage of the total votes for that office received by the nearest winning candidate.
[ 1993, c. 608, §11 (NEW) .]
3. Amount of deposit. The amount of the deposit is determined by the clerk of the municipality and must be 50% of the reasonable estimate of the cost to the municipality performing the inspection.
[ 1993, c. 608, §11 (NEW) .]
4. Forfeiture or refund of deposit. All deposits required by this section must be made with the municipal clerk when a ballot inspection is requested. This deposit, made by the candidate requesting the ballot inspection, is forfeited to the municipality if a subsequent recount fails to change the result of the election. If a recount changes the result of the election, the deposit must be returned to the candidate who paid the deposit. After the completion of the recount, if the recount has not changed the result of the election, the municipality shall calculate the actual cost of the procedure. If the deposit was greater than the actual cost, the overpayment must be refunded to the candidate. If the actual cost was greater than the deposit, the candidate shall pay the remainder of the actual cost to the municipality. A candidate who is not required to pay a deposit pursuant to subsection 2 may not be charged for the inspection or recount regardless of whether the procedure changes the result of the election.
[ 1993, c. 608, §11 (NEW) .]
5. Time of inspection. The inspection must be held within 5 days after the municipal clerk receives the written application requesting an inspection.
[ 1993, c. 608, §11 (NEW) .]
6. Packages resealed. After each inspection, the municipal clerk shall reseal the packages of ballots and the incoming voting lists and shall note the fact and date of inspection on them.
[ 1993, c. 608, §11 (NEW) .]
7. Candidate defined. As used in this section and section 2531-A, "candidate" means any person who has received at least one vote for the municipal office in question.
[ 1993, c. 608, §11 (NEW) .]
8. Calculation of time. The periods established in this section must be calculated according to the Maine Rules of Civil Procedure, Rule 6(a). The final day of any period calculated pursuant to this section ends at the close of regular business hours in the office of the municipal clerk. Actions required to be taken by the end of a day certain that are taken after the close of regular business hours in the office of the municipal clerk on the day certain are not timely.
[ 1993, c. 608, §11 (NEW) .]
SECTION HISTORY
1993, c. 608, §11 (NEW).